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HomeMy WebLinkAbout2007-1115.Scott.07-12-21 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas Sl. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de reglement des griefs des employes de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec, : (416) 326-1396 IN THE MATTER OF AN ARBITRATION Under Nj ~ Ontario GSB# 2007-1115 UNION# 2007-0234-0114 THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT BETWEEN BEFORE FOR THE UNION FOR THE EMPLOYER HEARING Before THE GRIEVANCE SETTLEMENT BOARD Ontario Public Service Employees Union (Scott) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Barry Stephens Stephen Giles and Scott Andrews Grievance Officers Ontario Public Service Employees Union Gary Wylie and Faith Crocker Staff Relations Officers Ministry of Community Safety and Correctional Services December 5,2007, Union Employer Vice-Chair 2 Decision INTRODUCTION The parties have agreed to a Med-Arb Protocol, signed February 27, 2006, It is not necessary to reproduce the entire Protocol here, Suffice it to say that, as part of the Protocol, the parties have agreed to a "True Mediation-Arbitration" process, wherein each provides the vice-chair with submissions, which include the facts and authorities each relies upon, The process adopted by the parties provides for a canvassing of the facts during the mediation phase under the Protocol. Arbitration decisions are issued in accordance with Article 22,16 of the collective agreement, without reasons, and are without prejudice or precedent. The parties were unable to resolve this matter in mediation, Accordingly, the matter has been referred to me as a True Mediation/Arbitration decision under the Protocol. FACTS The grievor signed up for the N19 overtime shift on February 10, 2007, Although she was available for the shift, another employee, who was a "late entry" on the overtime system, was offered the shift ahead of the grievor. The union grieves that the grievor should have been called in, and that the employer is unable to produce the documentation with respect to the overtime assignments, as required by the overtime protocol. The employer takes the position that the shift was offered to the other employee as it required someone with special training to work central control, which training the grievor did not have, The circumstances were clouded by the fact that the computer system went down on this day, and the employer was required to work from backup information, The normal documentation for overtime assignment was not available for revl ew, 3 DECISION The grievor is awarded compensation of nine (9) hours at straight time, Dated at Toronto, this 21st day of December, 2007, Barry